Defense Asks Psychiatrist if She Knew Suspect Tried to Reach Her 9 Minutes Before Shooting

The hearing to determine whether a package alleged Aurora theater shooter James Holmes mailed to his psychiatrist is protected under doctor-client privilege has ended, but it is not over.

The hearing was recessed after 3½ hours of testimony, in which defense attorneys for Holmes tried to prove that the professional relationship between him and Dr. Lynne Fenton continued after he withdrew from his graduate program at the University of Colorado Anschutz Medical Campus.

“The court is unable to make a determination as to whether that relationship was terminated,” District Court Judge William Sylvester said.

The hearing will resume on Sept. 20. That is when prosecutors will try to argue that the package — which contains a notebook — is exempt from doctor-patient confidentiality.